Gay v. Chappell

Filing 3

ORDER OF DISMISSAL. The deadline has passed and Plaintiff has not filed an IFP application or paid the filing fee. Accordingly, Plaintiff's case is DISMISSED without prejudice. The Clerk shall terminate any pending motions and close the file. Motions terminated: 1 MOTION for temporary injunction from cruel & unusual treatment filed by Kenneth Earl Gay. Signed by Judge Edward J. Davila on 9/3/2014. (ecgS, COURT STAFF) (Filed on 9/4/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KENNETH EARL GAY,
Plaintiff,

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v.

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KEVIN CHAPPELL,
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Defendant.
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No. C 14-03328 EJD (PR)

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ORDER OF DISMISSAL

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On July 23, 2014, Plaintiff filed a request for temporary injunction which was

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construed as an attempt to file a complaint pursuant to 42 U.S.C. § 1983. On the same

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day, the Clerk sent Plaintiff a notice that his civil action was deficient because he did not

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pay the filing fee or file an In Forma Pauperis (“IFP”) application. The notice included

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the warning that Plaintiff must respond within twenty-eight days to avoid dismissal of this

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action. (Id.) The deadline has passed and Plaintiff has not filed an IFP application or

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paid the filing fee. Accordingly, Plaintiff’s case is DISMISSED without prejudice.

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The Clerk shall terminate any pending motions and close the file.

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DATED:

9/3/2014

EDWARD J. DAVILA
United States District Judge

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Order of Dismissal
03328Gay_dism-ifp.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

KENNETH EARL GAY,

Case Number: CV14-03328 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
KEVIN CHAPPELL,
Defendant.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
9/4/2014
That on
, I SERVED a true and correct copy(ies) of the
attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s)
hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into
an inter-office delivery receptacle located in the Clerk's office.

Kenneth Earl Gay D-15601
CSP-San Quentin
CA State Prison at San Quentin
San Quentin, CA 94974
Dated:

9/4/2014
/s/

Richard W. Wieking, Clerk
By: Elizabeth Garcia, Deputy Clerk